The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1887-01-29

Indiana. And there is to be no election, he
says And why not9 Why moth If your. Hon
ors please, there is just suggestion, aud only
one, found in the Constitution Statute against
10. and that is the declaration that the term Of
once or the Governor and Lleutenant-governor
shall begin on particular day.
That and nothing else. That. and moth
Ing else; ! assert it with confidence That,
anu nothing else, raises doubt on this question.
we are met here with the remarkable theory
tnat the trainers of Constitution, in
stead of contemplating election to fill
THESE vacancies at the next general election,
as MT. Morrison says, absolutely contemplated
conoltlon of things in which, IL the Governor
ana neutrality-suspicious. elect died before their
inauguration, or Immediately afterwards, the
power of the people to designate their successors
was 70 be in restraint for four full years; and
that Is where we are left That lis the argument
that comes from my Democratic friend. That
TINS Constitution was meant to say that for four
full years man, the choice of single county,
not TO exercise the duties Of Governor or Lieu
tenant-governor but those of Senator alone,
must be the chief executive of the State of Iudi-
ana! Can we, being part of a government 80
thoroughly popular as the government of our
State is. come to such conclusion unless hedged
up to 1t, unless shut in to it, unless compulsion
OF steel bands and rivets is upon orr opinionf
Shall we adont such concluscn2 Are we thus
hedged ins No, fyour Honors please If we SIM
ply consrue that section to apply to the full and
regular terms of the Offices Of Governor aud Lieu
tenant governor if we simply say that the people
meant that there should be these periods marked
aud defined In the regular terms and that they
were not intended to be restrictive of the power
of the people to fill a vacancy by election, then
all is clear Our government goes on in an or
derby way. The popular control and character
OF Our government is recognized. The men ad-
minister these Offices whom the people choose.
Put that construction upon it and all doubt van
ishes away.
Justice Zollars-Would your idea be that if
the Governor should die there should be an cleo
tion9
Senator Harrison--I have no doubt of the
power to have such election, though l think the
| argumentis stronger in of the Lieutenant
governor.
Justice Zoilars-Then our practice has been
wrong.
| Senator Harr;son-I know the practice has
been that the Lieutenant governor succeeds to
| the Office that he is continued in the success
sion; that the Acknowledgements discharges
| those duties. But that is a very different ques-
| ton from this. because say to your Honors,
and say it advsedy, there is no one designated
| to discharge the duties of ACKNOWLEDGEMENTS
| IN case OF q vacancy in that Office, and we meet
| under this construction of the Constitution this
| anomaly: That we have this Office under
| our Constitution that may become vacant by
death or resignation, and the duties of which are
| devolved upon no one, and there is no pr0vis-
| ion Tor electing his successor know
| Justice Mitchell-Is it not the fact that in the
absence of the Lieutenant governor the duties
| are devolved upon the President of the Senate?
| Senator Harrison-I would be very glad il
| your Honor would show where that is said.
| 1t is said that the Senate may elect president
| pro tempore who presides over the Senate and
| of course discharges, so far as he presides, the
| same duty that the Lieutenant governor would
| If ne presided, but whore is the provision in the
| Constitution or the law that invests him with
| any other function OF the Office OF Lieutenant
| governorI
| Justice MITCHELL might answer that there
! is no provision in the Constitution law
| which invests tho Lieutenant-governorw with any
| other function. That is the Who'll. statement of
| the function of the Lieutenant-governor.
Senator Harrison-Does not the Constitution
especially provide or permit that other duties
| may be devoved upon him by law2
Justice MITCHELL am not aware that it does.
Senator Harrson-Then how is it that he is
| made q member of the Board of Equalization
| Justice Mitchell-They might have made the
| sheriff of Marion county member Of the Board
of Equalization jus: as we'll as the Lieutenant
| governor
| Senator Harrison-Then duties may be added
that are defined by law attached to on Office, and
yet there Is no provision for a successor to the
| discharge of those duties if the Lieutenant-eov-
| ernor dies nor are they assigned to anyone else
Justice Mitchell-That depends on whether
have rightly interpreted that section, namely:
That all the constitutional duty Of the Lieuten-
ant-governor, all the constitutional duty that he
has to perform is to preside over the Senate; and
| when the Constitution provides that IN the event
| of the death or absence of the Lieutenant-g gov
| ernor the President pro tempore shall do that
then all his CONSTITUTIONAL duties are nll6Q and
| provided for.
Senator Observation-Disclosures the Lieuten ant
| governor shall act as Governor or shall be I'M
able 10 attend as President Of the Senate. the
| Senate shall elect one of its own members as
| President for the OCCASION" That is what is
| said; but il your Honors please, there are other
duties devolved by law rightly, not contrary to
the Constitution, but rightly upon the Lieuten-
ant-governor.
Justice MITCHELL agree with that. I do not
want to interrupt you; but have thought very
seriously over the proposition you are discussing,
and l only wish to give you the idea so as to draw
out your idea in return. The only constitutional
duty which have been able to find devoved
upon the acknowledgement was that of presid-
ing over the Senate and of being in expectancy
to discharge the duties Of Governor in case of
the death or resignation Of the Governor. Now,
when the Constitution also provides that in the
Nabsence of the Acknowledgements those same
duties shall be devolved upon another, then the
question comes to my mind, don't that fill the
Office, and can it be said that there is a vacancy
then in the Office when the duties are immedi-
ately devolved upon another2
Senator Harrison-If your Honors please, il
seems to me that is very far short of being con
elusive logic-with all due respect
Judge MITCHELL want to hear your logic.
Senator Harrson-1f it was provided that in
case of the death or inability to attend of the
clerk of the court that the duties OF the clerk OF
} the court should thereupon devolve upon the
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